WRITTEN QUESTION No. 1513/97 by Christoph KONRAD to the Commission. Transfer and payment of social security benefits in other Member States
Date: 1997-05-05
Institutions: European Parliament, KONRAD
Subjects: Community migration, EU national, Germany, free movement of persons, social security, social-security benefit, social-security contribution













EUR-Lex - 91997E1513 - EN






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91997E1513

WRITTEN QUESTION No. 1513/97 by Christoph KONRAD to the Commission. Transfer and payment of social security benefits in other Member States  


Official Journal C 367 , 04/12/1997 P. 0129 





WRITTEN QUESTION E-1513/97 by Christoph Konrad (PPE) to the Commission (5 May 1997)Subject: Transfer and payment of social security benefits in other Member States1. Is the Commission aware that entitlements acquired in Germany - nursing insurance - are not paid out in other Member States of the European Union?2. Does the Commission believe that this failure to make payments abroad complies with European law?3. Are preparations being made for the harmonization of payments of national social security benefits in other EU Member States?4. Are any actions relating to this matter pending before the European Court of Justice or national courts?Answer given by Mr Flynn on behalf of the Commission (22 May 1997)1. The Honourable Member refers to the problems arising from the fact that German legislation has recently introduced a new branch of social security in order to protect people needing long-term-care (dependence insurance 'Pflegeversicherung'). This insurance is financed by contributions to be paid by those either living or working in Germany. In case of necessity, it provides the insured with a number of benefits and services such as special homes. In addition people preferring to remain in their own homes and organise the services needed themselves with the help of family or friends are entitled to a monthly sum in order to compensate for the cost of the care. The German authorities are of the opinion that none of these dependence insurance benefits are exportable to other Member States.2. The Commission is of the opinion that the benefits in cash provided for those who choose to organise their care informally could be exported to other Member States as long as the person is insured with the German dependence insurance. Under the terms of Council Regulation (EEC) No 1408/71 those benefits should be regarded as sickness benefits in cash ((Council regulation (EC) No 118/97 amending and updating Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/92 - OJ L 28, 30.1.1997. )).3. It must be noted, however, that the Regulation aims to co-ordinate but not to harmonise the different social security schemes of the Member States. Based on Article 51 of the EC Treaty, Council Regulation (EEC) No 1408/71 only co-ordinates the social security systems in order to guarantee freedom of movement of people. This is done by special methods and one of them is to export sickness benefits in cash.4. There are two preliminary rulings pending before the Court of justice regarding the export of the German dependence benefits ((RS C-160/96 MOLENAAR; Abl. Nr. C 197/13 vom 6.7.1997 und RS C 40/97 JORDY; Abl. C Nr. 94/11 vom 22.3.1997. )).